Conditions
1. General
is your contractual partner
Roth Product Solutions
Steffen Roth
Weiherstrasse 3, 79232 Freiburg
hereinafter referred to as “Roth Product Solutions”. With your consent, these General Terms and Conditions become part of the contract you have concluded with Roth Product Solutions. These GTC are valid from February 22nd, 2022.
2. Validity of the General Terms and Conditions (GTC)
These GTC apply to all products offered by Roth Product Solutions in the web shop. By submitting an online order, the customer agrees to these terms and conditions and is bound by them. The version valid at the time the contract is concluded is decisive. Deviations, conflicting or supplementary terms and conditions, even if they are known, are not part of the contract unless Roth Product Solutions expressly agrees to their validity.
3. Responsibility, conclusion of contract and accounting
1. Roth Product Solutions, owner: Steffen Roth, is responsible for articles, motifs and the design of the online shop.
2. The offers in the web shop are a non-binding order and purchase invitation to the customer. All offers are non-binding.
3. By submitting the completed online order form, the customer submits a binding offer to conclude a sales contract. The receipt of this order will be confirmed to the customer immediately, but the confirmation of receipt does not constitute a binding acceptance of the order. The contract only comes into effect when the order is accepted, at the latest when Roth Product Solutions ships the ordered product. Roth Product Solutions is entitled to refuse acceptance of the order due to lack of availability of the ordered goods.
4. When fulfilling the contract, Roth Product Solutions expressly reserves the right to deviate from the descriptions, illustrations and information in electronic documents, flyers, catalogs or other written documents with regard to colour, dimensions, weight, design and other similar features if these are considered by the customer to be are to be considered reasonable. By reasonable, Roth Product Solutions understands customary fluctuations due to technical production processes, such as: smaller air bubbles in the glass (<3mm), smaller printing errors, deviations at the seam (<5mm).
5. The customer agrees that invoices can also be created and sent to him electronically.
4. Right of Withdrawal - Beginning of Right of Withdrawal
Consumers have the following right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must send us (Roth Product Solutions, Steffen Roth, Weiherstraße 3 , 79232 Freiburg, Germany, email: mecopad@gmx.de) a clear statement (e.g. a letter sent by post, fax or E -Mail) about your decision to revoke this contract. You can use the attached model cancellation form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we will have paid you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us, Roth Product Solutions, Steffen Roth, Weiherstraße 3 , 79232 Freiburg , immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
- To Roth Product Solutions, Steffen Roth, Weiherstrasse 3 , 79232 Freiburg, Germany, email: mecopad@gmx.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if notified on paper) - Date
(*) Delete where not applicable.
5. Prices and terms of payment
1. Unless otherwise stated, when ordering via the Roth Product Solutions web shop, only the respective prices stated on the website, including statutory VAT, apply. Additional costs such as packaging, shipping and insurance costs are not included in the prices and are borne by the customer. The prices are in EURO. Discounts, cash discounts, etc. require an express agreement.
2. The buyer's obligation to pay the purchase price in full arises upon conclusion of the contract. A payment is deemed to have been made on time if the amount has been received by Roth Product Solutions on the due date or has been credited to Roth Product Solutions' account.
3. In principle, the customer can pay the price by cash on delivery, advance payment, Paypal, instant bank transfer, credit card or direct debit. We reserve the right to exclude individual payment. This can depend, for example, on the order value and the region to which the goods are being shipped. If payment is made in advance, the goods will only be sent to the customer once the invoice amount has been paid in full.
4. When processing the payment transaction, Roth Product Solutions is entitled to use the services of trustworthy third parties. This means in particular that Roth Product Solutions may assign its claims to a debt collection agency if the customer is in default of payment and may pass on personal data required for payment processing to this agency. If a third party is involved in the process of payment processing, the payment for Roth Product Solutions is only deemed to have been made when the full amount has been handed over to this third party in accordance with the contract.
6. Interest on arrears, dunning and collection fees
If the payment deadline is exceeded, default interest of 5% pa will be charged to the buyer. Roth Product Solutions reserves the right to prove and assert higher damages caused by delay to entrepreneurs.
7. Delivery/shipping, transfer of risk and retention of title
1. Delivery will take place within 21 days (3 weeks) of receipt of the order. Normally, however, the goods are sent to the customer within 5 working days at the latest.
2. The goods sold by Roth Product Solutions represent an obligation to collect. However, at the buyer's request, we will provide shipping for a separate payment. The delivery is made by a shipping service provider to be freely selected by Roth Product Solutions. The buyer pays a delivery fee, which depends on the order value and delivery location. Current shipping prices can be seen at www.mecopad.com / www.mecopad.de.
3. Delivery is normally within the European Union. Roth Product Solutions reserves the right to deliver to countries outside the European Union. Any import duties are to be borne by the buyer.
4. If delivery of the goods is not possible within three weeks, Roth Product Solutions will inform the buyer of this at the latest by the end of the period. The buyer then has the right to withdraw from the contract, which he must notify in writing or by email.
5. The goods remain the property of Roth Product Solutions until the purchase price and all other costs and expenses have been paid in full.
6. Until the transfer of ownership to the buyer, the buyer undertakes to treat the goods with care.
7. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer when the goods are handed over. This also applies in the case of a mail order purchase. The handover is the same if the customer is in default with the acceptance.
8. Deviations
In the case of custom-made products (if offered), the color values and design references specified in the order confirmation apply. Custom-made products are non-returnable and non-returnable. Custom-made products are always to be paid in full in advance.
9. Warranty
1. Information, illustrations, drawings, technical data, descriptions of weight, dimensions and performance contained in flyers, catalogues, circulars, advertisements or price lists are for informational purposes only. Roth Product Solutions assumes no liability for the correctness of these. The information contained in the order confirmation (dispatch confirmation) alone is decisive with regard to the type and scope of the delivered goods.
2. Liability for defects is based on the statutory provisions. If the goods delivered by Roth Product Solutions are defective, the customer can, within the framework of the statutory provisions, as supplementary performance, at his choice, request that the defect be rectified (rectification) or the delivery of a defect-free item (replacement delivery). Roth Product Solutions can refuse the type of supplementary performance chosen by the customer if it is impossible or only possible with disproportionate costs. If the legal requirements are met, the customer has the right to withdraw from the contract, to reduce the purchase price or to demand compensation.
3. Roth Product Solutions will bear the shipping costs incurred in the event of a return due to defects. However, the customer undertakes to avoid unnecessary costs by selecting the shipping method accordingly.
4. Roth Product Solutions assumes no liability for the permanent and uninterrupted availability of the online offer.
10. Damages and Product Liability
1. Claims for damages by the customer against Roth Product Solutions and the legal representatives and vicarious agents of Roth Product Solutions are excluded. Excluded from this is liability for damage resulting from injury to life, limb or health that is based on a breach of duty for which Roth Product Solutions or a legal representative or vicarious agent of Roth Product Solutions is responsible. Furthermore, the limitation of liability pursuant to Section 9 Paragraph 1 Sentence 1 does not apply to other damages which are based on an intentional or grossly negligent breach of duty by Roth Product Solutions or a legal representative or vicarious agent of Roth Product Solutions. The limitation also does not apply to damages resulting from the breach of essential contractual obligations (cardinal obligations) if Roth Product Solutions or a legal representative or vicarious agent of Roth Product Solutions are responsible for them. Significant contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
2. Liability under the Product Liability Act remains unaffected.
3. Roth Product Solutions is only liable for its own content on the website. Insofar as Roth Product Solutions provides access to other websites with links, Roth Product Solutions is not responsible for the content contained there.
11. Formal requirements
Declarations and notifications sent to us by the customer - with the exception of notifications of defects and declarations on data protection - must be in text form to be legally effective, including the original signature or the secure electronic signature and must be addressed to Roth Product Solutions, Steffen Roth, Weiherstraße 3 , 79232 Freiburg, Germany. Contract, order and business language is German or English.